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Terminology
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This section will review the correct terminology used by CVCC as well as associated agencies. The terms are specific to Sexual Assault investigations.
CVCC prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking as defined in the following definitions of them and associated words.
Sexual Assault
Sexual assault can be any form of forced sexual contact. Force can be physical or emotional (threat, intimidation, pressure, coercion).
Rape (except Statutory Rape)
The carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Sodomy
Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Sexual Assault with An Object
To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Statutory Rape
Nonforcible sexual intercourse with a person who is under the statutory age of consent. If the victim was incapable of giving consent because of his/her youth or mental impairment, either temporary or permanent, law enforcement should classify the offense as Rape, not Statutory Rape.
Intimidation
To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
Stalking
To pursue obsessively and to the point of harassment.
Dating Violence
Dating violence is controlling, abusive, and aggressive behavior in a romantic relationship. It can happen in straight or gay relationships. It can include verbal, emotional, physical, or sexual abuse, or a combination.
Domestic Violence
Domestic violence in NC is when someone you have had a "personal relationship" with does any of the following to you or your minor child:
- attempts to cause bodily injury, or intentionally causes bodily injury; or
- places you or a member of your family or household in fear of imminent serious bodily injury;
- or conducts continued harassment, that rises to such a level as to inflict substantial emotional distress; or
- commits any rape or sexual offense.
Consent
Consent is explicit approval to engage in sexual activity demonstrated by clear actions or words. This decision must be made freely and actively by all participants. Non‐verbal communication (i.e. pushing someone away or moving your body away from someone), silence, passivity, or lack of active resistance does not imply consent. In addition, previous participation in sexual activity does not indicate current consent to participate and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent has not been obtained in situations where the individual:
- Is forced, pressured, manipulated, or has reasonable fear that they will be injured if they do not submit to the act.
- Is incapable of giving consent or is prevented from resisting due to physical or mental incapacity, which includes, but is not limited to, the influence of drugs or alcohol.* This includes drugs such as GHB, Rohypnol and Ketamine that are often used to facilitate sexual assault and rape.
- Has a mental or physical disability which inhibits his/her ability to give consent Sexual Misconduct
Clery Geography
Although forcible rape is a Clery Act crime, where it was committed is important in determining if the crime must be disclosed in the annual security report and the Web-based data collection. If a student reports being raped over spring break, the statistic for the rape must be disclosed if it occurred on campus, in or on a noncampus building or property or on public property as defined by Clery Act regulations. If the rape did not occur in one of these locations, do not include it in your Clery statistics.
Hate Crime
A criminal offense committed against a person or property which is motivated, in whole or in part, by the offender’s bias. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, disability, sexual orientation or ethnicity/national origin.
Hierarchy Rule
This rule requires you to count only the most serious offense when more than one offense was committed during a single incident. A single incident means that the offenses were committed at the same time and place. That is, the time interval between the offenses and the distance between the locations where they occurred were insignificant. Beginning with the most serious offense, the following list shows the hierarchy for Clery Act reporting:
- Murder and Non-negligent Manslaughter
- Negligent Manslaughter
- Forcible Sex Offenses
- Non-forcible Sex Offenses
- Robbery
- Aggravated Assault
- Burglary
- Motor Vehicle Theft
- Arrests
- Referrals for Disciplinary Action
Sex Offenses
Offenses against chastity, common decency, morals, and the like.
Forcible Fondling
The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of youth or because of temporary or permanent mental incapacity.
Incest
Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
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